Rekart v. Osage Marine Services

Filing 67

OPINION by U.S. Magistrate Judge Byron Cudmore: Defendant Osage Marine Services' Motion to Compel 66 ALLOWED. See written order. (LB, ilcd)

E-FILED

Monday, 22 July, 2013 10:44:56 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
JASON REKART,
Plaintiff,
v.
OSAGE MARINE SERIVCES, INC.,
and the M/V Deborah Ann,
Defendants.

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No. 11-cv-3231

OPINION
BYRON G. CUDMORE, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Defendant Osage Marine
Services, Inc.’s (Osage Marine) Motion to Compel (d/e 66) (Motion).
Osage Marine filed the Motion on June 25, 2013. Plaintiff Jason Rekart
was required to file a response to the Motion within fourteen days after
service. Local Rule 7.1(B)(2). Three days were added because the Motion
was filed by electronic service. Fed. R. Civ. P. 5(b)(2)(E) and 6(d); Local
Rule 5.3(D). Thus, service was effective on June 28, 2013. A response
was due on July 12, 2013. None was filed. Therefore, Rekart is deemed to
have no opposition to the Motion. Local Rule 7.1(B)(2).
In addition, the Motion has merit. The motion seeks Rekart’s
psychiatric and psychological records. The requested information is
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relevant, at a minimum, to possible defenses of contributory negligence
and fraudulent concealment of a pre-existing condition. See Johnson v.
Cenac Towing, Inc., 544 F.3d 296, 302 (5th Cir. 2008); McCorpen v Central
Gulf S.S. Corp., 396 F.2d 547, 548 (5th Cir. 1968).
Therefore, the Motion is allowed. Rekart is directed to produce the
records requested by Osage Marine in Defendant’s Second Supplemental
Request for Production.
The psychiatric and psychological records to be produced should be
subject to a protective order. No protective order is in place in this case.
Therefore, the records so produced, and the information contained therein,
shall only be used in this case and shall not be distributed to any person
other than (1) the parties (officers and directors of Osage Marine); (2) the
attorneys for the parties; and (3) retained experts who agree not to disclose
any information contained in the records to any other person. If any copies
of the documents are filed with this Court for any purpose, they shall be
filed under seal. Upon the entry of a final, non-appealable judgment in this
case, Osage Marine shall return all produced documents and copies to
Plaintiff’s counsel.
WHEREFORE Defendant Osage Marine Services, Inc.’s (Osage
Marine) Motion to Compel (d/e 66) is ALLOWED. Plaintiff Jason Rekart is
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directed to produce the records requested in Defendant’s Second
Supplemental Request for Production by August 9, 2013, as set forth in this
Opinion.
ENTER:

July 22, 2013

s/ Byron G. Cudmore
UNITED STATES MAGISTRATE JUDGE

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